December 01, 2012

Inclusion
of SOGI issues and Rights in the ACSC/APF and in the ASEAN Human Rights
Declaration

ASEAN LGBT Caucus Workshop

The second convening of the
ASEAN Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) People’s
Caucus at Phnom Penh, Cambodia was not
only to celebrate diversity but moreso, to remind the governments and members
of civil society that the recognition, promotion and protection of LGBTIQ
rights are still long overdue.

For the second year, issues pertaining to sexual orientation and
gender identity (SOGI) have been given equal priority and attention as other
struggles and issues at the ASEAN Civil Society Conference/ASEAN People’s Forum
(ACSC/APF). While we appreciate the long overdue acknowledgement and
opportunity, we need the ACSC/APF to do more than just lipservice.

During the 8th ASCS/APF in
Jakarta, Indonesia, the LGBTIQ caucus explicitly made visible the violations of
human rights and the corresponding emotional and psychological impacts to the
lives of ASEAN LGBTIQ persons. Hence, we are incensed and extremely
disappointed by the exclusion of SOGI in the draft of the ASEAN’s Human Rights
Declaration, which is a blatant
manifestation of discrimination against LGBTIQ persons.

Across the ASEAN region, LGBTIQ persons
are either treated as second class citizens, criminals, are seen as deviants,
and in some cases are not even recognized as human beings. We are made to lead
dual lives and be ashamed of ourselves for who we are. We are subjected to name
calling, condemnation, taunts, reparative treatments and other inhumane abuses.
Discrimination and violence come not only from our families, friends,
communities, and employers but also from state institution such as state
actors, especially police and religious officers. Even in the face of
discrimination and violence, the governments refuse to protect our basic human
rights.

In Brunei, Burma, Malaysia and Singapore
still have archaic colonial laws that criminalize SOGI. In Brunei, Burma and in
Malaysia these laws are used to harass,
extort money and demand sexual favours, arrest, detain and persecute LGBTIQ
persons. In the Philippines and Indonesia, anti-trafficking or pornographic
laws are used to conduct illegal raids at gay establishments and detain LGBTIQ
people. The anti-kidnapping law in the Philippines is used to forcibly break
apart lesbian couples in legitimate and consensual relationships. In Cambodia,
a lesbian was imprisoned following a homophobic complaint by the family of her
partner because of their relationship. In Thailand, the negligence of the state
is clearly manifested in the refusal to investigate the killings of fifteen
lesbians and gender-variant women. The existence of the pornographic law in
Indonesia, which haphazardly included SOGI as pornography, is used by several
internet providers to block websites of legitimate LGBTIQ organization such as
the International Gay Lesbian Human Rights Commission (IGHLRC) and the
International Lesbian, Gay, Bisexual, Transgender and Intersex Association (ILGA)
websites. In Malaysia, Seksualiti Merdeka, an annual sexuality festival was
disrupted and banned by the police as the festival was deemed a “threat to
national security”.

Basic human rights, such as right to
healthcare, housing and education, are denied on the basis our SOGI . This has
contributed to the steep rise in HIV infection amongst most at risk
populations: men who have sex with men and transgendered people. Archaic laws
that criminalize SOGI makes it even more difficult in implementing life-saving
interventions to at-risk groups.

Even with all the hurdles and challenges
faced by the LGBTIQ movement in Asia, our numbers and strength has been
steadily growing. We have come at the stage in our struggle for equality and
respect that we will never accept discrimination, abuse and violence a part of
our existence by the denial of our rights and our humanity.

It is in this spirit of pride and
dignity that we are reclaiming our rightful space in our respective countries
and in our region, and demand our governments to:

§Include SOGI provision into the ASEAN
Declaration on Human Rights,
specifically inclusion of reference to ‘gender identity’ and ‘sexual
orientation’ within Article 2 wherever it is relevant

§Immediately
repeal laws that directly and indirectly criminalize SOGI, recognize
LGBTIQ rights as human rights, and harmonize national laws, policies and
practices with the Yogyakarta Principles.

§Establish
national level mechanisms and review existing regional human rights instruments
(e.g.
AICHR, ACWC) to include the promotion and protection of the equal rights of all
people regardless of SOGI with the active engagement of the LGBTIQ community.

§Depathologize
SOGI and promote psychological well being of people of Diverse SOGI in accordance
with the World Health Organization (WHO) standards, and ensure equal access to
health and social services.

Signatories:

1.Arus Pelangi, Indonesia

2.Cambodia Center for Human Rights (CCHR), Cambodia

3.Child’s Rights Coalition – Asia

4.HerLounge, Indonesia

5.Human Rights Education and Information in Burma
(HREIB), Burma

6.ICS, Vietnam

7.Institute of Studies for Society, Economy and
Environment (iSEE), Vietnam

8.iSee, Vietnam

9.Knowledge and Rights with Young people through Safe
Spaces (KRYSS), Malaysia